Motorcycle riders are considered vulnerable roadway users since they are highly prone to serious injury in the event of an accident. A motorcycle accident can completely and permanently alter your life, and can even be fatal.
Such an accident can leave you with catastrophic injuries such as spinal cord injuries and traumatic brain injuries that not only require extensive and long-term treatment, but can also inhibit your ability to lead a normal life and perform any meaningful work.
If you or someone you love has been involved in a motorcycle accident, you need to contact an experienced Fullerton motorcycle accident lawyer as soon as possible to help you get started on your compensation claim.
At Crockett Law, we are committed to helping motorcycle accident victims like you get the compensation that they deserve. We have an in-depth understanding of California’s motorcycle laws and a proven track record of securing favorable settlements and verdicts for our clients. Call a Fullerton personal injury lawyer today at (800) 900-9393 to schedule your free consultation.
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How Can a Fullerton Motorcycle Accident Lawyer Help With My Compensation Claim?
One of the most important things to keep in mind when looking to file a personal injury claim is the fact that the insurance company doesn’t have your best interests at heart, regardless of how friendly the claim adjuster may seem. They are businesses after all, and they will protect their bottom line at all costs. Their main focus is to ensure that they pay the least amount of compensation or no compensation at all. To ensure this, they are usually armed with a team who are prepared to do everything in their power devalue your claim. With this in mind, the best thing you can do for yourself is to have your own attorney. An experienced attorney will give you a better fighting chance and maximize your level of compensation. Here’s how a Fullerton motorcycle accident lawyer can help your claim:- Conduct a thorough investigation into your case to determine who’s at fault for the accident
- Advice you on whether you have a valid case and the best course of action
- Gather relevant pieces of evidence to support your claims
- Ensure that your claim is filed properly and within the set deadlines
- Handle negotiations with the insurance company on your behalf
- Preparing your case for trial and offering legal representation in court, if negotiations don’t work.
What are the Most Common Causes of Motorcycle Accidents?
Ideally, most motorcycle accidents and the resulting devastation they cause to the lives of the victims are completely avoidable. However, the sad fact is that it is almost impossible to expect every road user to obey traffic rules, and as a result, motorcycle accidents are quite common. Here is a brief look at the most common causes of motorcycle accidents:Distracted Driving
Distracted driving is a very common issue on our roads today. Many drivers tend to engage in a lot of other activities while behind the wheel besides driving. These include texting, fiddling with the radio, looking at billboards and roadside objects, chatting with passengers, and so on. This makes it harder for them to notice something as small as a motorcycle on the road, which can cause them to accidentally hit them.Failure to Pay Attention to Motorcycles
Motorcycles have a right to use the road just like other motorists. However, some motorists seem to ignore or disregard the rights of motorcyclists and pay no attention to them because of their size. This increases the risk of the motorist hitting a motorcyclist.Drunk Driving or Drugged Driving
It should go without saying that drunk driving is very dangerous. It limits one’s ability to make sane judgments and safely operate a vehicle. A drunk driver puts all other road users at serious risk of injury and death. Besides drunk drivers, some motorcycle riders also choose to hop onto their bikes while intoxicated. Maintaining balance on a two-wheeled vehicle and safely operating it while drunk is even more difficult.Faulty Mirrors, Brakes or Lighting
Brakes, lights, and mirrors play a very crucial role in ensuring safe driving. If either of these isn’t functioning properly, they can increase the risk of causing an accident. For example, malfunctioning lights make it harder to see and be seen at night or in unfavorable weather conditions.Unexpected Pedestrians in the Road
Small children, drunk pedestrians, and even animals may unexpectedly make a dash for the road and find themselves in the path of a moving motorcycle. Our Fullerton motorcycle accident attorneys will conduct an in-depth investigation into your accident to determine what exactly caused the accident and gather evidence to prove the other party’s fault.What Are Some Motorcycle Accident Statistics?
According to the most recent data from the National Highway Safety Administration (NHTSA), more than 5,000 motorcyclists lost their lives in motorcycle accidents in 2019 in the United States. Of these, 474 fatalities occurred in the state of California. It is reported that of those killed, 451 motorcyclists had a BAC above 0.01. 437 of the motorcyclists killed in 2019 were wearing a helmet. Motorcyclists aged between 20 and 29 accounted for the most fatalities in 2018 and 2019.What Are the Motorcycle-Specific Laws in California?
As a motorcyclist, you are required to obey all the traffic laws. However, there are certain motorcycle laws that are unique to motorcyclists in the state of California. These include:Licensing Requirements
Motorcyclists who are 21 years or above must have a California driver’s license and complete a DL 44 form. They also need to pass a written and vision test.Helmet Laws
Any motorcyclist operating on California roads is required to wear a helmet. This also goes for their passengers. Additionally, these helmets should be up to the Department of Transportation’s standards.Insurance Requirements
All motorcyclists in the state of California are required to carry minimum liability insurance. It is the same as that of vehicles in California:- $15,000 for a person’s bodily injury
- $30,000 for victims’ bodily injury
- $5,000 for property damage
Transporting Passengers
California state law requires that all motorcycles have footrests and seats that can be fastened securely. Passengers are required to always have their feet on the footrests whenever the motorcycle is on the move. The state of California doesn’t have laws in regards to restrictions on the age of the passengers.Lane Splitting
While lane splitting is allowed in California, motorcyclists should only do so in a safe and prudent matter.What Are the Most Common Injuries Seen in Motorcycle Accidents?
A motorcycle accident can leave the victim with all kinds of injuries. Unlike other motorists, motorcycle riders have very little physical protection against impact. Here are some of the most common types of injuries experienced in motorcycle accidents:Broken Bones
The force and impact absorbed by the body during a motorcycle accident can lead to fractured bones in various parts of the body including the ribs, hands, legs, and feet.Road Rash
Road rash is a type of burn injury experienced by motorcyclists when they fall off their bikes. It is caused by friction when the body comes into contact with and scraps against the road surface. This can lead to permanent scarring.Head and Brain Injuries
These types of injuries are not only catastrophic but can also be fatal. Suffering a TBI can have a tremendous and long-lasting impact on your life (both personal and professional). Victims can experience symptoms like headaches, memory loss, loss of certain job skills, and so on.Spinal Cord Injuries
This is another type of catastrophic injury commonly experienced by motorcycle riders involved in motorcycle accidents. After being thrown off your bike, you may end up hitting an object with high force causing severe damage to your spine. This type of injury may require extensive and long-term therapy and can lead to paralysis.How is Fault Determined in a Fullerton Motorcycle Accident?
For the other party to be held liable for your injuries and subsequent losses, you must be able to prove the following elements of negligence:- The defendant owed you a duty of care. All road users are required to obey traffic laws in order to ensure their safety and that of others.
- The defendant breached their duty of care. Perhaps the driver was driving while distracted, was overspeeding, or was drunk at the time of the accident.
- Causation. Your injuries were a direct result of the driver’s negligent or reckless behavior.
- You suffered real damages as a result of the accident.